Rosati v. Grenis

Appellate Division of the Supreme Court of New York

Rosati v. Grenis

50 A.D.2d 818, 376 N.Y.S.2d 570, 1975 N.Y. App. Div. LEXIS 11655

Appellate Division of the Supreme Court of the State of New York·Decided December 8, 1975·Published·Cited by 5 cases

Opinion

— In a proceeding pursuant to CPLR article 78 by an inmate of the Green Haven Correctional Facility to review respondent’s denial of his request for a furlough, he appeals from a judgment of the Supreme Court, Dutchess County, dated February 18, 1975, which dismissed the petition. Judgment affirmed, without costs. Absent a violation by respondent of a positive statutory requirement, or a denial of any constitutional rights, a refusal to release a prisoner on furlough is not judicially reviewable (cf. People v Pierre, 34 AD2d 1000). Hopkins, Acting P. J., Latham, Margett, Christ and Shapiro, JJ., concur.

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— In a proceeding pursuant to CPLR article 78 by an inmate of the Green Haven Correctional Facility to review respondent’s denial of his request for a furlough, he appeals from a judgment of the Supreme Court, Dutchess County, dated February 18, 1975, which dismissed the petition. Judgment affirmed, without costs. Absent a violation by respondent of a positive statutory requirement, or a denial of any constitutional rights, a refusal to release a prisoner on furlough is not judicially reviewable (cf. People v Pierre, 34 AD2d 1000). Hopkins, Acting P. J., Latham, Margett, Christ and Shapiro, JJ., concur.

Rosati v. Grenis, 50 A.D.2d 818, 376 N.Y.S.2d 570, 1975 N.Y. App. Div. LEXIS 11655 (N.Y. Ct. App. 1975).

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